EQUIPMENT WARRANTY - There are no warranties of merchantability or otherwise which extend beyond the description enclosed in this proposal and those expressly stated in these conditions. The seller warrants to the Purchaser that the products being sold hereunder have the capacities and rating set forth in the sellers catalogs and bulletins and are free from defects in material and workmanship. The seller does not warrant equipment manufactured by others, but will submit to buyer upon request the manufacturer’s warranty, if any, and will assist buyer in securing the benefit of such warranty if inspection proves such parts defective. In no event, whether as a result of breach of warranty or otherwise, shall the seller be liable for special or consequential damages. No warranty is included against any expense for removal, reinstallation or other consequential damages arising from any defect. Owing to the widely varying conditions under which our products are installed and used we cannot be and are not bound, and no person is authorized to bind us, by any further warranty whatsoever, express or implied.
TAXES - No sales, use, excise, occupational tax or other similar federal, state or municipal tax or customs duty has been included in the contract price, unless separately shown and purchaser hereby agrees to pay and/or reimburse the seller for any of the above taxes arising out of this transaction.
CHANGES AND DELAYS - Should purchaser cause changes to be in the design or construction of the said equipment, or otherwise delay or interrupt the progress of the work hereunder, purchaser is to reimburse seller for any additional expense seller may be put to by reason thereof, and seller shall credit purchaser, for any reduced cost, which can be established as resulting from any such change. Seller reserves the right to make changes in design material which in seller’s judgment are for improvement in the equipment and in it’s operation.
CLAIMS - Seller will consider no claims for shortage or errors unless made immediately upon receipt of shipment. Seller is not to be held liable for delay, damage, or loss, due to causes relating to acts of God, explosions, transportation, accident, fire, strike, labor disputes, civil or military authority, insurrection, or other causes beyond seller’s reasonable control. Delay in manufacture of shipment occasioned by any of the before mentioned causes shall not be ground for cancellation of this contract.
SAFETY DEVICES, LEGAL REQUIREMENTS - Seller shall not be required to furnish any safety devices required by law or otherwise, except those specified herein, seller does not warrant or guarantee that the equipment sold hereunder will comply with local, state or federal laws or regulations or electrical, building or other codes or requirements.
USE OF SPECIFICATIONS & DRAWINGS - The specifications and drawings referred to herein are seller’s property and are subject to recall by seller.
LAWS, REGULATIONS AND CODES - The equipment sold hereunder is designed and manufactured to comply with the provisions of the National Electrical Code and the American National Standard Institute’s safety standards for conveyors and related equipment (ANSI B20 1-1976) in effect on the date of this proposal. Compliance with other federal, state or local laws or regulations, or electrical, building or other codes, standard or requirements, governmental or private, will be furnished only if expressly incorporated in specifications and price quotations, accompanied by a copy of the applicable standard(s). R.H. Brown Company reserves the right to make changes in the design and specifications of the equipment sold hereunder, or of any component part, to comply with any applicable law, regulation, code or standard, governmental or private, where such compliance is deemed advisable by R.H. Brown Company sole discretion, and to make adjustments in the price charged for the equipment sold hereunder to reflect such changes. R.H. Brown Company shall not be responsible for failure to comply with laws, regulations and codes it has agreed to comply with when such failure results from a condition that was not contemplated at the time of the proposal or from alteration of the equipment by persons other than R.H. Brown Company or from an option or accessory attached to the equipment by persons other that R.H. Brown Company or from an option or accessory to the equipment which was available to the buyer but omitted at the buyer’s direction, or from design or instructions provided by the buyer.
INDEMNIFICATION - Buyer shall comply and require its employees to comply with all instructions given by R.H. Brown Company regarding installation, use and maintenance of the equipment described herein and shall require its employees to use reasonable care and all safety devices in the operation and maintenance of said equipment. Buyer shall not remove or permit removal or modification of any safety devices or warning signs or labels, Buyer shall immediately give R.H. Brown Company written notice (within 24 hours of occurrence) of any personal injury or property damage arising out of the use of the equipment and cooperate with R.H. Brown Company in investigating any such accident or malfunction. Buyer agrees to indemnify and hold R.H. Brown Company and its suppliers harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind and nature (including attorney’s fees) for personal injury and property damage arising from or in any way connected with the operations activities or use of the equipment described herein if buyer fails to fulfill any of the foregoing obligations.
Buyer agrees to indemnify and hold R.H. Brown Company and its suppliers harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including attorney’s fees) which may be asserted against R.H. Brown Company and its suppliers by any person relation to any portion of the equipment which includes buyer’s existing equipment or equipment furnished by buyer and to defend R.H. Brown Company and its suppliers at buyers own expense against any suit which may be commenced relating to the foregoing.
Buyer agrees to indemnify and hold R.H. Brown Company and its suppliers harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including attorney’s fees) for loss or damage to persons or property, other than the equipment arising out of this agreement or buyer’s possession or use of the equipment. It is understood and agreed that the equipment was not made for the purpose of carrying people and buyer agrees to indemnify and hold R.H. Brown Company and its suppliers harmless from any and all claims, demands, liabilities, causes of action, suits, costs and expenses of any kind or nature (including attorney’s fees) for loss or damage which may be suffered by or asserted against R.H. Brown Company and its suppliers by any person injured while standing on, riding or attempting to ride on the equipment hereunder.
CANCELLATION - Buyer may cancel this order only upon written notice to R.H. Brown Company and only upon such terms as will indemnify and incurred overhead reasonable contract profits, costs and expenses to which R.H. Brown Company has become committed for fulfillment of the contract prior to cancellation.
GENERAL - R.H. Brown Company shall have the right to cancel the agreement if at any time the buyer does not strictly comply with all the terms and conditions of this proposal (including without limitation any requirements of progress payments) or buyer becomes insolvent or commits any act of bankruptcy within the meaning of United States bankruptcy laws. In the event of such cancellation by R.H. Brown Company, R.H. Brown Company shall have the same rights of indemnification as set forth in the preceding paragraph.